The mission of the School of Law's Evan Frankel Environmental Law and Policy Program is to foster informed analysis of timely and important issues involving governance and regulation in environmental policy. The Evan Frankel Program examines the institutions and processes that determine how decisions are made and how policies are implemented.
Bringing Expertise to Bear on Public Policy Issues
The Evan Frankel Program supports ongoing research on public policy issues relating to environmental governance and regulation.
New Report: An Environmental Blueprint for California: How Governor Brown can ensure the State's environmental health and economic prosperity. California's long-term prosperity is vulnerable to climate change, energy insecurity, environmental threats to public health, and a growing scarcity of key resources. Governor Brown has a tremendous opportunity to build on the state's past environmental successes, bringing enormous benefits to our economy and public health. Our Blueprint describes three key areas that Governor Brown must focus on to ensure a healthy environmental future for all Californians. He must strengthen California's foundation for environmental protection. He must promote specific initiatives to address climate and energy instability. And he must advance cost-effective initiatives in traditional areas of environmental concern, such as water quality, water supply, coastal resources, chemical risks, air quality and biodiversity.
The Evan Frankel Program, together with UCLA's Emmett Center, published the report Paying for Pollution: Proposition 26 and its Potential Impacts on State Environmental and Public Health Protections in California in October 2010.
Proposition 26, if passed, would broaden the definition of "tax" to include many state and local fees used to address adverse environmental impacts. Our report concludes that Prop 26 would erect significant barriers to funding many environmental protection programs and public health programs in California. Cara Horowitz's blog post has more on this new report.
The Evan Frankel Program has supported recent scholarship on climate change and the financial sector, including Climate Change and the Transformation of Risk: Insurance Matters (UCLA Law Review, 2008) and Limiting Liability in the Greenhouse: Insurance Risk-Management Strategies in the Context of Global Climate Change (Stanford Environmental Law Journal and Stanford Journal of International Law, Vol. 43A, 2007).
In the UCLA/Frankel Working Paper #3, Species Protection versus State Agency Autonomy: Striking the appropriate balance under the California Endangered Species Act, former UCLA School of Law student Dhananjay Manthripragada considered whether inter-agency consultation and permitting requirements afford species adequate protection under CESA and other state endangered species acts, concludes that the requirements are not protective enough, and proposes and discusses policy solutions and statutory language that if implemented would address this concern while minimizing unwelcome intrusion upon state lead agency autonomy. This paper was commissioned by the California State Senate Natural Resources Committee.
In UCLA/Frankel Working Paper #2, Falling Flat: Why the CEQA Affordable Housing Exemptions Have Not Been Effective, former UCLA School of Law students Ethan N. Elkind and Edward Michael Stone examineed whether affordable housing developers have been using CEQA exemptions, and how affordable housing developers comply with CEQA in general. This paper was commissioned by the California State Senate Tranportation and Housing Committee. Both student papers were developed under the supervision of Professor Jonathan Zasloff.
UCLA/Frankel Working Paper #1, Pollution Prevention as a Regulatory Tool in California: Breaking Barriers and Building Bridges, by Professor Timothy Malloy and Dr. Peter Sinsheimer, studied pollution prevention in the dry cleaning industry in southern California.
Convening Teachers and Researchers to Improve Environmental Legal Education and Research
The Evan Frankel Program has planned and hosted two meetings of environmental law faculty and program directors from law schools all over the nation, the most recent of which took place in January 2008. Representatives of 21 law schools participated in this meeting. The participants discussed teaching and research on climate change, training the new generation of environmental lawyers and leaders, and law schools' participation in informing environmental policy. These meetings have laid the foundation for enduring collaboration and cooperation among law schools' environmental programs.
Bringing Researchers, Policymakers, and Advocates Together to Engage in Environmental Problem-Solving
The Evan Frankel Program has convened public symposia each year to address important environmental issues. These have included:
The "Oil and Water" conference in Fall 2010, addressing environmental and cultural issues facing the Gulf Coast. Click here for the program agenda.
The 2009 Working Conference on Nanotech Regulatory Policy. This conference will brought together an interdisciplinary group of scholars and researchers, policymakers, non-governmental organizations, and businesses for action-oriented workshop panels on the science and policy of nanotechnology. The conference critically evaluated several specific policy proposals for responding to the potential public health and environmental impacts of nanotechnology. Papers from the conference are being published in UCLA's Journal of Environmental Law & Policy.
The UCLA Law Review's daylong 2008 symposium, "Changing Climates: Adapting Law and Policy to a Transforming World." The public symposium, partially funded through the law school's Evan Frankel Environmental Law & Policy Program, brought together policymakers, legal scholars and environmental experts to address the impact of climate change on law and policy. Articles from the symposium will be published soon in Volume 56 of the UCLA Law Review.
The 2007 Frankel Symposium: Coping with Global Warming, Friday, March 2, 2007. This conference was a great success. The conference focused on how we will adapt to the inevitable impacts of climate change, even as we all work to prevent those impacts. Articles from the symposium are featured in a special issue of the UCLA Journal of Environmental Law and Policy.
The 2006 Frankel Symposium, Preventing and Responding to Catastrophe: The Role of Environmental Law and Policy, which took place at the UCLA School of Law on April 7, 2006. Leading scholars, advocates and government officials discussed disaster planning and response, with particular attention to global climate change and to the vulnerability of California's levee system. Bruce Babbitt gave the keynote address, stressing the importance of land-use planning in ensuring that more housing isn't built in vulnerable areas. Read about the symposium on Planetizen.com.
Convening Events to Educate Students and the Public on Important Environmental Issues
The Evan Frankel Program/UCLA Environmental Law Center convened many events in 2009-2010, including the following:
Jingjing Zhang, a legendary environmental lawyer in China who works for NRDC, gave a lunchtime lecture on Fighting for Pollution Victims in China: Environmental Litigation in the P.R.C.;
We hosted a meeting with former Hopi tribal chairman Benjamin Nuvamsa, students from UCLA Law's environmental and American Indian law programs, faculty in other departments at UCLA, and researchers at UCLA's Fowler Museum;
Together with the law firm Morrison and Foerster and the Emmett Center, we put on a panel discussion on water supply entitled Adapting to a Parched Future: Cities, Development, and the War for Water;
Tom Mounteer, a partner at Paul Hastings in Washington, DC and author of the Climate Change Deskbook, gave a lunch lecture on new environmental, energy, and climate legislation;
Kathleen Kenealy, Deputy Attorney General at the California Department of Justice, visited the law school to speak about her work in defending California's right to regulate mobile air pollution sources (including carbon dioxide) more strictly than the federal government.